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A RETRACTED CONFESSIONAL STATEMENT MUST BE CORROBORATED TO BE ADMISSIBLE

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The Respondent subsequently retracted Exhibits C & C 1. A retracted confessional statement is nonetheless admissible in evidence. The practice however is to look for some corroborative evidence outside the confession which makes the fact of the making of the confession credible and reliable before the Court relies on it to convict the accused, the maker. This practice which has come to be known as the “SYKE’S RULE”, following R. v. SYKES (1913) 8 Cr. App Report 233, has since become part of our criminal law jurisprudence, it having been cited with approval in several cases including UBIERHO v. THE STATE (2005) 5 NWLR (pt. 919) 644; FABIYI v. THE STATE (2015) LPELR 24834 (SC). The Rule ensures that the trial Court must properly satisfy itself that the retracted confession was infact made truly and voluntarily by the accused person.

— Ejembi Eko, JSC. State v Sani Ibrahim (2019) – SC.1097/2016

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A RETRACTED CONFESSIONAL STATEMENT IS ADMISSIBLE IN EVIDENCE

The Appellant may have retracted his Confessional Statement but it is settled that where the Accused says that he did not make the Confession at all, the trial Court is entitled to admit it in evidence, and thereafter, decide whether or not he made the said Confession, at the conclusion of trial. So, a retracted Confession is admissible in evidence Ikpasa v. State (supra), Sule V. State (2009) 17 NWLR (Pt. 1169) 33. However, the trial Court is enjoined to look for some evidence outside the Confessional Statement, which renders it plausible or true. This entails examining his new version of events that is different from his retracted confessional Statement, then the trial Court must ask – Is there anything outside the confession, which shows it may be true? Is it corroborated in anyway?

— A.A. Augie, JSC. Usman v The State (2019) – SC.228/2016

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CONFESSIONAL STATEMENT CAN GROUND THE CONVICTION OF AN ACCUSED

It is now axiomatic that a confessional statement can ground the conviction of an accused person provided that it is direct and positive. It is therefore no longer debatable that a man may be convicted on his confessional statement alone which is voluntary, free, positive, so long as the Court is satisfied of its truth. Such a confession would constitute proof of guilt of the maker and suffices as evidence upon which to ground or sustain his conviction.

– Abdu Aboki, JSC. Chukwu v. State (2021)

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RETRACTED CONFESSIONAL STATEMENT MUST PASS THESE TESTS

In other words, the retracted confession must pass the six credibility tests forming part of our criminal jurisprudence which have been established in a long fine of cases referred to above. These are: i. Is there anything outside the confession to show that it is true? ii. Is it corroborated? iii. Are the relevant statements made in it of facts true as far as they can be tested? iv. Was the accused one who had the opportunity of committing murder? v. Is his confession possible? vi. Is it consistent with other facts which have been ascertained and have been proved?

– H.M. Ogunwumiju, JSC. State v. Ibrahim (2021) – SC.200/2016

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CONFESSIONAL STATEMENT BEING THE BEST STATEMENT FOR CONVICTION

There is no doubt that a confessional statement is the best evidence to prove a crime. It is the evidence of the perpetrator describing why and how the crime was committed. It proves both the mens rea and the actus reus. However, such admission to be solely used to convict a defendant must be voluntarily made and must be a positive and direct admission of guilt.

– H.M. Ogunwumiju, JSC. State v. Ibrahim (2021) – SC.200/2016

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CONFESSIONAL STATEMENT – CONFIRMATION BY SUPERIOR OFFICER MAY BE DISPENSED WITH

Confirmation before a superior police officer of a statement made by the accused that he was the one who committed the crime may be dispensed with and the confessional statement may be admitted if there is no suspicion of such statement not being voluntary. See MUSA KASA v. THE STATE (1994) 6 SCNJ.

– Galadima, JSC. Kingsley v. State (2016)

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TEST TO PROVE CONFESSIONAL STATEMENT

The tests for determining the voluntariness of a confessional statement have been consistently applied by this Court in a plethora of cases as follows: (1) Whether there is anything outside the confession to show that it is true. (2) Whether the statement is corroborated, no matter how slight (3) Whether the facts contained therein, so far as can be tested, are true. (4) Whether the accused person had the opportunity of committing the offence. (5) Whether the confession of the accused person was possible. (6) Whether the confession was consistent with other facts which have been ascertained and proved in the matter.

– J.I. Okoro JSC. Berende v. FRN (2021)

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